CONSTITUTION
AND RULES OF THE
DOUGLAS
SHIRE SUSTAINABILITY GROUP INC. (DSSG)
1.
A word or expression that is not defined in these model rules, but is
defined in the Associations Incorporation
Act 1981 has, if the context permits, the meaning given by the Act.
2.
NAME OF THE ASSOCIATION
The Association shall be called "Douglas Shire Sustainability Group Inc." (DSSG).
3.
The
objects and duties of the Association are:
The Douglas Shire Sustainability Group is a community–based
environmental advocacy organisation whose objects are:
(a) To promote and
encourage the adoption of the principals of ecologically sustainable development
to all sectors of the community throughout the Douglas Shire;
(b) To the protection and
conservation of the unique environment in the Douglas Shire and its surrounds,
including the Great Barrier Reef, the Wet Tropics and World Heritage areas;
(c) To promote social, economic and environmental balance;
(d)
To promote and support environmentally sustainable practices, education and
great environmental awareness amongst visitors to and residents of the Douglas
Shire;
(e) To recognise and promote the sustainable practices of the
traditional owners of the Douglas Shire; and
(f) To engage in any other activity in support of the objectives
above (a to e) allowable under the Associations and Incorporations Act 1981 of
the State of Queensland as amended.
4. POWERS
(1) The association has the powers
of an individual.
(2) The
association may, for example -
(a) enter into
contracts; and
(b) acquire, hold,
deal with and dispose of property; and
(c) make charges
for services and facilities it supplies; and
(d) do other
things necessary or convenient to be done in carrying out its affairs.
(3) The
association may take over the funds and other assets and liabilities of the
present unincorporated association known as the '
'.
(4) The
association may also issue secured and unsecured notes, debentures and debenture
stock for the association.
5.
CLASSES OF MEMBERS
(1) The membership of the
association shall consist of ordinary members, and any of the following classes
of members-
(a) Life Members
A clear majority may elect any member who has rendered outstanding
service to the Association and to the promotion of the objects of the
Association for a period of not less than two years a life member of the
Association subject to membership approval.
(b) Ordinary Members
Every candidate for admission as an ordinary member of the Association
shall have completed an application form and be fully supportive of the objects
of the Association.
(c) Honorary Members
(d) associate
members;
(2) The number of
ordinary members is unlimited.
(3) The Committee may appoint a Patron from time to time and the person
so appointed shall be an honorary member of the Association.
Honorary shall not be entitled to vote at any meeting of the Association
or to certify as to the qualification of an applicant for membership or to
nominate or second any candidate for membership;
6.
MEMBERSHIP
(1) A person who, on the day the
association is incorporated, was a member of the unincorporated association and
who, on or before a day fixed by the management committee, agrees in writing to
become a member of the incorporated association, must be admitted by the
management committee to the same class of membership of the association as the
member held in the unincorporated association.
(2) A member of
the incorporated association who, before becoming a member, has paid the
member's annual subscription for membership of the unincorporated association on
or before a day fixed by the management committee, is not liable to pay a
further amount of annual subscription for the period before the day fixed by the
management committee as the day on which the next annual subscription is
payable.
(3) An applicant
for membership of the association, other than the members of the unincorporated
association mentioned in subsection (1), must be proposed by 1 member of the
association (the proposer) and
seconded by another member (the seconder).
(4) An application
for membership must be-
(a) in writing; and
(b) signed by the
applicant and the applicant's proposer and seconder; and
(c) in the form
decided by the management committee.
7. MEMBERSHIP
FEES
(1) The membership fee for each
class of membership-
(a) is the amount decided by the members from time to
time at a general meeting; and
(b) is payable when, and in the way, the management
committee decides.
8.
ADMISSION AND REJECTION OF MEMBERS
(1) The management committee must
consider an application for membership at the next meeting of the committee held
after it receives-
(a) the application; and
(b) the appropriate membership fee for the application.
(2)
The management committee must decide at the meeting whether to accept or
reject the application.
(3) If a majority
of the management committee members present at the meeting vote to accept the
applicant as a member, the applicant must be accepted as a member to the class
of membership applied for.
(4) The secretary
of the association must, as soon as practicable after the management committee
decides to accept or reject an application, give the applicant a written notice
of the decision.
WHEN
MEMBERSHIP ENDS
9.
(1) A member may resign from the
association by giving a written notice of resignation to the secretary.
(2) The
resignation takes effect on:-
(a) the day and at the time the notice is received by
the secretary; or
(b) if a later day is stated in the notice - the later
day.
(3) The management
committee may terminate a member’s membership if the member -
(a) is convicted
of an indictable offence; or
(b) does not
comply with any of the provisions of these rules; or
(c) has membership
fees in arrears for at least 2 months; or
(d) conducts
himself or herself in a way considered to be injurious or prejudicial to the
character or interests of the association.
(4) Before the
management committee terminates a member’s membership, the committee must give
the member a full and fair opportunity to show why the membership should not be
terminated.
(5) If, after
considering all representations made by the member, the management committee
decides to terminate the membership, the secretary of the committee must give
the member a written notice of the decision.
10
APPEAL AGAINST REJECTION OR
TERMINATION OF MEMBERSHIP
(1) A person whose application for
membership has been rejected, or whose membership has been terminated, may give
the secretary written notice of the person's intention to appeal against the
decision.
(2) A notice of
intention to appeal must be given to the secretary within 1 month after the
person receives written notice of the decision.
(3) If the
secretary receives a notice of intention to appeal, the secretary must, within 3
months after the day of receipt, call a general meeting to decide the appeal.
(4) At the
meeting, the applicant must be given a full and fair opportunity to show why the
application should not be rejected or the membership should not be terminated.
(5) Also, the
management committee and the committee members who rejected the application or
terminated the membership must be given an opportunity to show why the
application should be rejected or the membership should be terminated.
(6)
An appeal must be decided by a vote of the members present at the
meeting.
(7) If a person
whose application has been rejected does not appeal against the decision within
1 month after receiving written notice of the decision, or the person appeals
but the appeal is unsuccessful, the secretary must, as soon as practicable,
refund the application fee paid by the person.
11.
REGISTER OF MEMBERS
(1)
The management committee must keep a register of members.
(2)
The register of members must include the following particulars for each
member-
(a) the full name and residential address of the
member;
(b) the date of admission as a member;
(c) the date of death or resignation of the member;
(d) details about the termination or reinstatement of
membership;
(e) any other particulars the management committee or
the members at a general meeting decide.
(3) The register
must be open for inspection at all reasonable times.
(4) However,
before the member may inspect the register, the member must apply to the
secretary to inspect it.
12.
SECRETARY
/ TREASURER
(1) If the association has not
elected an interim officer as secretary for the association before its
incorporation, the members of the management committee must ensure a secretary
is appointed or elected for the association within 1 month after incorporation.
(2) If a vacancy
happens in the office of secretary, the members of the management committee must
ensure a secretary is appointed or elected for the association within 1 month
after the vacancy happens.
(3) The secretary
must be an individual residing in Queensland, or in another State but not more
than 65 km from the Queensland border, who is -
(a) a member of
the association elected by the association as secretary; or
(b) any of the
following persons appointed by the management committee-
(i) a member of
the association's management committee;
(ii) a member of
the association;
(iii) another
person.
(4) The management
committee may appoint and remove the association’s secretary at any time.
(5) Duties of the Secretary
The duties of the Secretary shall be: -
Ø
To correctly keep the records and minutes of the Association;
Ø
To receive all letters, memoranda and applications and register of
members;
Ø
To arrange all business for the consideration of the Association
and any of its’ Committees;
Ø
To conduct the correspondence of the Association;
Ø
To give due notice of all meetings of the Association and its
Committees;
Ø
To collect and arrange all statistical information that may be
deemed valuable by the Association; and
Ø
To assist in all matters connected with the affairs of the
Association.
(6) Duties of the Treasurer
The duties of the Treasurer shall be:
Ø
To keep the books and accounts;
Ø
To collect the subscriptions and all other monies and to pay same
to the credit of the Association Bank Account;
Ø
The
Treasurer shall check all accounts before payment, sign cheques (if required) in
conjunction with the duly appointed members of the Committee and if none
appointed the President or Secretary and present the annual financial
statements; and
Ø
The Treasurer shall also submit to each monthly meeting of the
Association a statement of the financial position.
13.
MEMBERSHIP OF MANAGEMENT COMMITTEE
(1) The Management Committee
of the Association shall consist of a President, Secretary, Treasurer and a
maximum of six (6) others, all of whom shall be financial members of the Association and be
fit and proper persons to hold such office.
(2) A member of the Management
Committee, other than the Secretary must be a member of the association.
14.
MANAGEMENT COMMITTEE TERMS
(1) The President, Secretary,
Treasurer and Committee members shall be elected at the annual General meeting
of the Association subject to the following:
(a) Term of President
the position of President shall be required to be elected or
re-elected for each twelve (12) month term;
(b) Term of Secretary,
Treasurer and Committee Members
the term of tenure of;
(i) the Secretary; and
(ii) the Treasurer and
(ii) each Ordinary Committee
member
shall be for two (2) years from the date of election, provided that
at each annual General Meeting of the Association, one half of the committee
positions shall be open for election.
(c) Tenure of Secretary,
Treasurer and Committee Members during initial two years of incorporation of
association.
In the first two (2) years of the operation of the Association the
election/rotation of the committee shall notwithstanding the normal two (2) year
tenure be as follows:
(i) the Treasurer, and the
three (3) lowest polling committee members from the election at the inaugural
General Meeting shall at the General Meeting held one (1) year after the
inaugural General Meeting resign their positions and such positions shall be
open for election and or re-election at the next Annual General meeting of the
Association.
(ii) the Secretary, and the
remaining original three (3) committee members from the election at the
inaugural General Meeting shall at the General Meeting held two (2) years after
the inaugural General Meeting resign their positions and such positions shall be
open for election and or re-election at the next Annual General meeting of the
Association.
(iii) If there is no lowest or
highest polling committee members (that is the committee members are elected
unopposed) those committee members resigning their posts or opening such posts
for re-election shall be decided by the management committee by unanimous
resolution and failing such resolution by the alphabetical order of the
committee members.
15.
ELECTION OF MANAGEMENT COMMITTEE
(1) A member of
the management committee may only be elected as follows-
(a) any 2 members
of the association may nominate another member (the candidate) to serve as a member of the management committee;
(b) the nomination
must be-
(i)
in writing; and
(ii)
signed by the candidate and the members who nominated him or
her; and
(iii) given to the
secretary at least 14 days before the annual general meeting at which the
election is to be held;
(c) each member
present at the annual general meeting may vote for any number of candidates not
more than the number of vacancies;
(d) if, at the
start of the meeting, there are not enough candidates nominated, nominations may
be taken from the floor of the meeting.
(2) A list of the
candidates' names in alphabetical order, with the names of the members who
nominated each candidate, must be posted in a conspicuous place in the office or
usual place of meeting of the association for at least 7 days immediately
preceding the annual general meeting.
(3) If required by
the management committee, balloting lists must be prepared containing the names
of the candidates in alphabetical order.
16.
RESIGNATION OR REMOVAL FROM OFFICE
OF MANAGEMENT COMMITTEE MEMBER
(1) A management committee member
may resign from the committee by giving written notice of resignation to the
secretary.
(2)
The resignation takes effect on-
(a)
the day and at the time the notice is received by the secretary; or
(b)
if a later day is stated in the notice - the later day.
(3) A member may
be removed from office at a general meeting of the association if a majority of
the members present at the meeting vote in favour of removing the member.
(4) Before a vote
of members is taken about removing the member from office, the member must be
given a full and fair opportunity to show cause why he or she should not be
removed from office.
(5) A member has
no right of appeal against the member's removal from office under this section.
17.
VACANCIES ON MANAGEMENT COMMITTEE
(1) If a casual vacancy happens on
the management committee, the continuing members of the committee may appoint
another member of the association to fill the vacancy until the next annual
general meeting.
(2) The continuing
members of the management committee may act despite a casual vacancy on the
management committee.
(3) However, if
the number of committee members is less than the number fixed under these rules
as a quorum of the management committee, the continuing members may act only to-
(a) increase the
number of management committee members to the number required for a quorum; or
(b)
call a general meeting of the association.
18.
FUNCTIONS OF MANAGEMENT COMMITTEE